The URL can be used to link to this page

Home My WebLink AboutCRA-R-09-0048 Amendment to Interlocal Attachment 09-24-09Second -First Amendment to 1983 Interlocal Cooperation Agreement This SecendFirst Amendment to Interlocal Cooperation Agreement ("Amendment") is made and entered into this day of , 2009, by and between Miami -Dade County, a political subdivision of the State of Florida, (the "County"), the City of Miami, Florida, a municipal corporation of the State of Florida (the "City") and the Southeast Overtown Park West Community Redevelopment Agency, a public agency and body corporate nd^t;ti, created pursuant to Section 163.356, Florida Statutes (the "SEOPW CRA"). WHEREAS, the Miami -Dade Board of County Commissioners (the "Board") adopted Resolution No. R-1677-82 and Ordinance No. 82-115, which approved a Redevelopment Plan (`-`the "Original Plan") and tax increment financing for the Southeast Overtown/Park West Community Redevelopment Area (`-`the "Original Redevelopment Area"); and; kferee- hewing-eppe b--ereation a eee developrne ii) infrastructure; (iv) parks and open spaces; (v) arts and culture; and (vi) quality of life initiatives; and WHEREAS, on April 19, 1983, the Board also adopted Resolution No. R-467- 83, which approved an Interlocal Cooperation Agreement between the City and the County (the "Interlocal Agreement") in accordance with Part III, Chapter 163, Florida Statutes, which among other things, delineated those areas of responsibility for the redevelopment of the SEOPW CRAOriginal Redevelopment Area within the boundaries as set forth by the Finding of Necessity; and, WHEREAS, pursuant to the Original Plan and the Interlocal Agreement, the SEOPW CRACity was authorized to undertake redevelopment of the designated Redevelopment Area; and WHEREAS, the City created the SEOPW CRA and pursuant to the Interlocal Agreement dated , assigned to SEOPW CRA all of the City's duties and obligations under the Interlocal Agreement; and WHEREAS, the SEOPW CRA is responsible for implementing activities and projects designed to revitalize and redevelop the Original Redevelopment Area in accordance with the Original Plan; and WHEREAS, on December 31, 2007, the Board adopted Resolution No. R 1372 07-whereby-the County, thCity-aa1, the SEOPW CRA, and the Omni Redevelopment District Community Redevelopment Agency entered into the first amendment to the ItiterIoc greement{ First4mend ren " ; an Interlocal Agreement, which provided, among other things, that the City and SEOPW CRA generate a Finding of Necessity study ("FON") to substantiate the expansion of boundaries of the Original Redevelopment Area and an amendment to the Original Plan and extend the life of the SEOPW CRA until March 31, 2030 ("2007 Interlocal Agreement"); and WHEREAS, pursuant to the 2007 Interlocal Agreement the City and SEOPW CRA agreed to generate a Finding of Necessity study ("FON")generated the FON to substantiate the expansion of boundaries of the Original Redevelopment Area and an amendment to the Redevelopment Plan ("Amended Plan") to expand the SEOPW CRA'; be„non : nd exten its Original Plan; and WHEREAS, the Board adopted Resolution , in accordance with Part III, Chapter 163, Florida Statutes which, among other things, approved the FON and the expansion of the boundaries of the Original Redevelopment Area (the "Redevelopment Area") and the update of the Original Plan (the "Plan") and extend the life of the SEOPW CRA until March 31, 2030; and WHEREAS, pursuant to the First Amendment and applicable law the FON and Amendedlan-afe-sikjeet-te-appreval-by-the-Beer-dt and WHEREAS, the County, the City and the SEOPW CRA wish to remove slum and blighted conditions in the Redevelopment Area in accordance with the Plan by investing in (i) affordable and workforce housing opportunities; (ii) job creation and economic development; (iii) infrastructure: (iv) parks and open spaces, (_ v)arts_and culture; and (vi) quality of life initiatives; and WHEREAS, the City, the County and the SEOPW CRA have acknowledged that the Interlocal Agreement and the Amended Plan shall include tax increment funding for three (3) projects identified as Camillus House, Alonzo Mourning Charities, Inc., and Mama Hattie's House (collectively referred to the "SEOPW CRA Developments"); and WHEREAS, the parties acknowledge that the P-rejeetsSEOPW CRA Developments would be of great benefit to the SEOPW CRA and the community as a whole; and WHEREAS, the County, the City dsand the SEOPW CRA find that it would be in the best interest of the parties to resolve their differences and for the City and the SEOPW CRA to dismiss with prejudice that certain case captioned City of Miami et al. v. Miami -Dade County, Case No. 07-46851 CA 31 (the "Crosswinds Lawsuit") in accordance with the terms of this agreementFirst Amendment, NOW, THEREFORE, THE COUNTY, CITY and SEOPW CRA agree as follows: I. The recitations set forth above are true and correct and adopted as part of this SecondFirst Amendment. II. The parties agree that, subject to compliance with all applicable Federal, State and l0 1 1 r uirements h incl in P II ter 163 Florida St s the following SEOPW CRA Developments, among other projects in the Redevelopment —Area, shall be partially funded by the SEOPW CRA whenafler the County and the CitySEOPW CRA have determined that each respective SEOPW CRA Developments are ready to proceed: a. The Camillus House project, which involves providing housing for homeless individuals and families, related structures and infrastructure within the Redevelopment Area, b. The Alonzo Mourning Charities, Inc., an affordable housing project to be built in the SEOPW CRA areaRedevelopment Area. c. The Mama Hattie's House to be developed by World Literacy Crusade of Florida, Inc. also known as Mama Hattie's Houscproviding to be built in the Redevelopment Area. The City and the SEOPW CRA shall submit feflo the Countys for approval any and all plans f r devclopmcn*agreements with respect to each of the SEOPW CRA Developments before contracts nta ed nto r str ctionthe SEOPW CRA enters into any agreement with respect to each of the individual SEOPW CRA Developments. The City and the SEOPW CRA understandunderstands that the process of reviewing the prepesedrespective SEOPW CRA Developments will entail mutual cooperation from the City, the County and the SEOPW CRA and that any delay in the review process by the County may delay when the Board considers theeach respective SEOPW CRA Developments which mahave the effect of delaying the respective SEOPW CRA Developments. The City and the SEOPW CRA, and the County agree that the approval of this ngreementFirst Amendment by the parties does not constitute approval of the SEOPW CRA Developments by the County, the City or the SEOPW CRA, all of which must be approved in accordance with all applicable Federal, State and local laws. Therefore, the parties agree that if the Board or the SEOPW CRA does not approve the SEOPW CRA Developments as a matter of their sovereign power and legislative authority, the failure to approve such project should not be deemed a breach of the Interlocal Agreementthis First Amendment or any other agreement between the parties, and the Ciatiftties shall not be liable to the City or the SEOPW CRAeach other for such failure to approve the SEOPW CRA Developments. The parties further agree that if the Board does not approve the respective SEOPW CRA Developments within one hundred twenty (120) days of being submitted to the County by the SEOPW CRA, the respective SEOPW CRA Developments shall be deemed approved III. The SEOPW CRA may elect to issue bonds and/or incur indebtedness required to finance a portion of the SEOPW CRA Developments, provided however, in no event shall any bonds issued and/or indebtedness incurred mature later than March 31, 2030. Prior to the issuance of any bonds and/or indebtedness by the SEOPW CRA, the County shall have the right to review all related documents and agreements and may approve such bond issuances or indebtedness, pursuant to the provisions of thisthe Interlocal Agreement as amended by this First Amendment and applicable law, including Florida Statute Section 163.358(3). IV. The City and the SEOPW CRA respectivclyeach represent that they have previously adopted resolutions recommending that the County approve the Amended Plan and this SecondFirst Amendment and that they have the legal authority to execute this SecondFirst Amendment. V. The City, SEOPW CRA, and the BeardCounty agree that the Crosswinds Lawsuit will be abated for ninety (90) days from the effective date of this SecondFirst Amendment and shall be dismissed with prejudice following (i)_the County's approval of plans for the development of a pe fti n-o f B eek ?6and Blocks 45 and 56, which are to be submitted to the County for approval within the 90-day abatement period in the same manner as is set forth in Paragraph II herein; (ii) the County's conveyance of Blocks 45 and 56 to SEOPW CRA for development, subject to the restriction that the property be developed in accordance with the plans for development approved by the Board; and (iii) the County's conveyance to the SEOPW CRA of a portion of Block 36 which is subject to the Crosswind's Lawsuit to be developed in accordance with the Plan. VI. In all other respects, the Interlocal Agreement is ratified and confirmed. VII. In the event of any conflict between the Interlocal Agreement, First Amendment and this SecondFirst Amendment, the terms of the Second AmendmentFirst Amendment shall control. To the extent of a conflict between the 2007 Interlocal Agreement and this First Amendment, the 2007 Interlocal Agreement shall control. VIII. There are no third party beneficiaries to the Interlocal Agreement and thethis First Amendment. The parties expressly acknowledge that it is not their intent to create or confer any obligations on or upon any third party by the Interlocal Agreement or this SeeendFirst Amendment. None of the parties intend to directly or substantially benefit a third person by the Interlocal Agreement or this secondFirst Amendment, and no third party shall be entitled to assert a claim against any of the parties based upon the Interlocal Agreement and this SecondFirst Amendment. Nothing herein shall be construed by any agency or political subdivision of the State of Florida to confer upon any third party or parties the right to sue on any matter arising out of the Interlocal Agreement and this SecondFirst Amendment. IX. This SccondFirst Amendment may be signed in counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed in their names by their duly authorized officers and the corporate seals to be affixed hereto, all as of the day and year first above written. WITNESS our hands and seals on this day of , 2009. City of Miami, a municipal corporation of the State of Florida Miami -Dade County, a political subdivision of the State of Florida By: By: Mayor Manuel A. Diaz Mayor Carlos Alvarez or designee ATTEST: By: By: City Clerk Priscilla A. Thompson Deputy Clerk City Clerk Southeast Overtown Park West Community Redevelopment Agency, a public agency and body corporate-and-politie created pursuant to Section 163.356, Florida Statutes By: James H. Villacorta Executive Director ATTEST: By: CityPriscilla A. Thompson Clerk of the Board APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR MIAMI-DADE COUNTY: By: Assistant County Attorney Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR CITY OF MIAMI: By: City Attorney Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR SEOPW CRA: By: SEOPW CRA AttorncySpecial Counsel Date: #4716449 11 8736449 v2